Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-12-19

may be "adequate csuse," and where the
evidence shows number Of conditions
or circumstances tending either siDgly or
collectively, to show "adequate Cause"
the jury should be directed TO consider
them Ill in determining the question OF
cause. Reversed and remanded. Will
son, J.
Gulf, Colorado and Santa Fe Railway
Compsny VS.. T. L. Terry; appeal from
Milan county. According to the plain
tiffs own testimony, he is entitled to re-
cover orig Sl87 o. for which amount the
Judgment in the lower court should have
oeen rendered, instead of for the sum Of
1892 80 as il was rendered. Appellee mas
fl ed in this court q remittur of whatever
amount may be sdjudged by this court to
be excessive. We therefore reverse the
Judgment Of the lower court and here
render judgment for appellee for the sum
Of SlS7 OF, adjudging the costs of this ap-
peal against appellee. Wilson, J.
J. +. O'Conner & CO. vs.. J. N. Price;
sppeal from R )ckwsll county. Precisely
the same questions are presented in this
case as those determined in the case of
Appellants Va. Smith, reported above, and
they are disposed Of in the same manner
as those in that case. Reversed and dis
missed. Wilson, j.
Ben Presly VS.. the State; appeal from
Freestone county. Tals conviction was
for traudulently selling, trading and 8 :
posing Of certain mortgaged property. The
indictment in this case is sufficient, but
the proof fails TO sustain the allegation,
that the name of the person to whom the
properly was sold or traded was unknown
to the grand jury. The proof shows be-
yond doubt that the horse was traded to
Ike Thomas, which fact could have been
sscertained by the use of any diligence
whateyer. Reversed and remanded.
Hurt, J.
7. A. Moody vs.. the State; appeal from
Grsyson county. This is an appeal froEa
q conviction for swindling under article
795, chapter II of the penal code. The
court admitted in evidence against the
defendant the complaint filed in the
County Court of Grsyson county, wherein
complaint is made that Moody, as
guardian, had failed to return an inven-
tory, and that he was applying the estate
TO the payment Of his own individual
debts, etc, the citation issued, and the
judgment rendered upon said complaint
removing Moody as guardian. Held:
Said testimony was inadmissible for any
purpose. Reversed and remanded.
Wilson, j.
E S. Jordan VS.. W. S. Jordan; appeal
from Ellis county. W. s. Jordan and
others who were the heirs OF Stacy Ann
Jordan, and E. S. Jordan, q co-heir, for
their interest in certain personal property
amounting to several hundred dollars the
property of Stacy Ann Jordan, who died
intestste, part Of which they allege had
been converted to his own use before
said Stacy Ann Jordsn's death, and the
balance after her death. Appellant, by
amended answer, pleaded that his mother
lived with him for the last three years be-
fore her death; that he had the entire care
and support during this time of his moth
er, at great loss of time
and heavy expense to the amount
of $500, and as partial remu
uerstion to him therefor, she turned
over to him the property in question and
that he owes plsintlffs nothing. Plain
tiffs specially excepted to this amended
answer because it fails to charge amounts
and dates of said expenses and the ex-
captions were sustained. Held: Error.
The plaintiffs were not sought to be held
liable for the expenses. The defense is
that the properly was given him by his
mother and the expenses are sueged only
to show the motive or inducement NOV
ing his mother to make the gift to him,
therefore, there was no necessity of item
ling the expenses. Reversed and re-
manded, Hurt, j.